2015 US Code
Title 49 - Transportation (Sections 101 - 80504)
Subtitle VII - Aviation Programs (Sections 40101 - 50105)
Part A - Air Commerce and Safety (Sections 40101 - 46507)
Subpart iii - Safety (Sections 44101 - 45305)
Chapter 451 - Alcohol and Controlled Substances Testing (Sections 45101 - 45107)
Sec. 45106 - Relationship to other laws, regulations, standards, and orders
| Publication Title | United States Code, 2012 Edition, Supplement 3, Title 49 - TRANSPORTATION |
| Category | Bills and Statutes |
| Collection | United States Code |
| SuDoc Class Number | Y 1.2/5: |
| Contained Within | Title 49 - TRANSPORTATION SUBTITLE VII - AVIATION PROGRAMS PART A - AIR COMMERCE AND SAFETY subpart iii - safety CHAPTER 451 - ALCOHOL AND CONTROLLED SUBSTANCES TESTING Sec. 45106 - Relationship to other laws, regulations, standards, and orders |
| Contains | section 45106 |
| Date | 2015 |
| Laws In Effect As Of Date | January 3, 2016 |
| Positive Law | Yes |
| Disposition | standard |
| Source Credit | Pub. L. 103-272, §1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107-71, title I, §139(3), Nov. 19, 2001, 115 Stat. 640. |
| Statutes at Large References | 72 Stat. 731 105 Stat. 956 108 Stat. 1224 115 Stat. 640 |
| Public and Private Laws | Public Law 85-726, Public Law 102-143, Public Law 103-272, Public Law 107-71 |
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(a) Effect on State and Local Government Laws, Regulations, Standards, or Orders.—A State or local government may not prescribe, issue, or continue in effect a law, regulation, standard, or order that is inconsistent with regulations prescribed under this chapter. However, a regulation prescribed under this chapter does not preempt a State criminal law that imposes sanctions for reckless conduct leading to loss of life, injury, or damage to property.
(b) International Obligations and Foreign Laws.—(1) In prescribing regulations under this chapter, the Administrator of the Federal Aviation Administration—
(A) shall establish only requirements applicable to foreign air carriers that are consistent with international obligations of the United States; and
(B) shall consider applicable laws and regulations of foreign countries.
(2) The Secretaries of State and Transportation jointly shall request the governments of foreign countries that are members of the International Civil Aviation Organization to strengthen and enforce existing standards to prohibit crewmembers in international civil aviation from using alcohol or a controlled substance in violation of law or a United States Government regulation.
(c) Other Regulations Allowed.—This section does not prevent the Administrator from continuing in effect, amending, or further supplementing a regulation prescribed before October 28, 1991, governing the use of alcohol or a controlled substance by airmen, crewmembers, airport security screening employees, air carrier employees responsible for safety-sensitive functions (as decided by the Administrator), or employees of the Administration with responsibility for safety-sensitive functions.
(Pub. L. 103–272, §1(e), July 5, 1994, 108 Stat. 1224; Pub. L. 107–71, title I, §139(3), Nov. 19, 2001, 115 Stat. 640.)
| Revised Section | Source (U.S. Code) | Source (Statutes at Large) |
|---|---|---|
| 45106(a) | 49 App.:1434(e)(1). | Aug. 23, 1958, Pub. L. 85–726, 72 Stat. 731, §614(e); added Oct. 28, 1991, Pub. L. 102–143, §3(a), 105 Stat. 956. |
| 45106(b) | 49 App.:1434(e)(3). | |
| 45106(c) | 49 App.:1434(e)(2). |
In subsection (a), the word "prescribe" is substituted for "adopt" for consistency in the revised title and with other titles of the United States Code. The word "rule" is omitted as being synonymous with "regulation". The word "ordinance" is omitted as being included in "law" and "regulation". The words "actual" and "whether the provisions apply specifically to employees of an air carrier or foreign air carrier, or to the general public" are omitted as surplus.
In subsection (c) the word "prevent" is substituted for "restrict the discretion of" to eliminate unnecessary words.
AMENDMENTS2001—Subsec. (c). Pub. L. 107–71 substituted "screening employees" for "screening contract employees".
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